For purposes of OAR 581-055-0001 to OAR 581-055-0014:

1. (1) “Agent” has the meaning given that term in ORS 339.370.
2. (2) “Commission licensee” has the meaning given that term in ORS 339.370.
3. (3) Contractor” has the meaning given that term in ORS 339.370.

4. (4) “Disqualifying crime”:

   1. (a) Means a conviction for any crime that involved a student and is listed below, or the substantial equivalent of any of those crimes if the conviction occurred in another jurisdiction or in Oregon under a different statutory name or number.

   2. (b) Includes:

      1. (A) ORS 163.355 (Rape in the third degree);
      2. (B) ORS 163.365 (Rape in the second degree);
      3. (C) ORS 163.375 (Rape in the first degree);
      4. (D)  ORS 163.385 (Sodomy in the third degree);
      5. (E) ORS 163.395 (Sodomy in the second degree);
      6. (F)  ORS 163.405 (Sodomy in the first degree);
      7. (G) ORS 163.408 (Unlawful sexual penetration in the second degree);
      8. (H) ORS 163.411 (Unlawful sexual penetration in the first degree);
      9. (I) ORS 163.415 (Sexual abuse in the third degree);
      10. (J) ORS 163.425 (Sexual abuse in the second degree);
      11. (K) ORS 163.427 (Sexual abuse in the first degree);
      12. (L) ORS 163.432 (Online sexual corruption of a child in the second degree);
      13. (M) ORS 163.433 (Online sexual corruption of a child in the first degree);
      14. (N) ORS 163.435 (Contributing to the sexual delinquency of a minor);
      15. (O) ORS 163.445 (Sexual misconduct);
      16. (P) ORS 163.670 (Using child in display of sexually explicit conduct);
      17. (Q) ORS 163.684 (Encouraging child sexual abuse in the first degree);
      18. (R) ORS 163.686 (Encouraging child sexual abuse in the second degree);
      19. (S) ORS 163.687 (Encouraging child sexual abuse in the third degree);
      20. (T) ORS 163.688 (Possession of materials depicting sexually explicit conduct of a child in the first degree);
      21. (U) ORS 163.689 (Possession of materials depicting sexually explicit conduct of a child in the second degree);
      22. (V) ORS 167.057 (Luring a minor);
      23. (W) ORS 167.075 (Exhibiting an obscene performance to a minor);
      24. (X) ORS 167.080 (Displaying obscene materials to minors); and
      25. (Y) ORS 161.405 (Attempt to commit any of the crimes listed in subparagraphs (A) through (X) of this paragraph).
5. (5) “Education provider” has the meaning given that term in ORS 339.370.
6. (6) “Final determination” means the determination ODE makes after conducting a sexual conduct investigation that a report is substantiated, cannot be substantiated, or is not a report of sexual conduct.
7. (7) “Investigation” has the meaning given that term in ORS 339.370. “Investigation” does not include screening activities conducted upon the receipt of a report of possible sexual conduct.
8. (8) “Investigation report” means the report an ODE investigator completes following a suspected sexual conduct investigation.
9. (9) “ODE” means the Oregon Department of Education.
10. (10) “ODHS” means the Oregon Department of Human Services.
11. (11) “Reasonable cause” means a subjectively and objectively reasonable belief, given all of the circumstances and based on specific and articulable facts.
12. (12) “Report of confirmed sexual conduct” means a report of sexual conduct submitted to ODE on or after July 1, 2020, involving a conviction for a disqualifying crime that has been screened by ODE and determined by ODE to constitute sexual conduct for which ODE would have had the responsibility to investigate but for the criminal conviction.
13. (13) “Report of possible sexual conduct” means any report of sexual conduct submitted to ODE that may have been committed by a school employee, contractor, agent or volunteer. ODE screens all reports of possible sexual conduct to determine if it constitutes a report of suspected sexual conduct.

14. (14) “Report of suspected sexual conduct” means a report of possible sexual conduct that has been submitted to ODE, screened by ODE, and determined by ODE to constitute a report of suspected sexual conduct for which ODE has responsibility to investigate. A report of suspected sexual conduct must meet the following criteria:

    1. (a) The report alleges sexual conduct;
    2. (b) At the time of the alleged conduct, the student was a student;
    3. (c) The respondent provided services to an education provider as a school employee, contractor, agent or volunteer within two calendar years prior to when the suspected sexual conduct occurred;
    4. (d) The respondent is not a commission licensee;
    5. (e) The respondent is not deceased;
    6. (f) The respondent has not been convicted of a disqualifying crime; and

    7. (g) One of the following circumstances applies:

       1. (A) If the alleged conduct was investigated by ODHS or law enforcement, ODE’s independent analysis of available information indicates that there is reasonable cause to believe that the respondent engaged in sexual conduct; or
       2. (B) If the alleged conduct was not investigated by ODHS or law enforcement, information available after screening indicates that there is a basis to believe that the respondent engaged in sexual conduct.
15. (15) “Respondent” means a living person who is alleged to have committed sexual conduct in a report of sexual conduct.
16. (16) “School employee” has the meaning given that term in ORS 339.370.
17. (17) “Screening” means the activities conducted by ODE as described in OAR 581-055-0003.
18. (18) “Sexual conduct” has the meaning given that term in ORS 339.370.
19. (19) “Substantiated report” has the meaning given that term in ORS 339.370.
20. (20) “Student” has the meaning given that term in ORS 339.370.
21. (21) “TSPC” means the Oregon Teacher Standards and Practices Commission.
22. (22) “Volunteer” has the meaning given that term in ORS 339.370.

Statutory/Other Authority

ORS 326.051, ORS 339.391, ORS 342.120 & ORS 342.143

Statutes/Other Implemented

ORS 339.391 & ORS 419B.019

History

ODE 16-2026, amend filed 04/17/2026, effective 04/17/2026
ODE 30-2020, adopt filed 06/24/2020, effective 06/24/2020